Decision made, but not released in 'Lizzi' Marriott murder case

DOVER — A Dover judge is set to announce his decision on whether new documents will be released in the Elizabeth Marriott murder case.

Judge Stephen Morrison has reached a decision on the matter, according to a clerk at the 7th Circuit Court in Dover, but his ruling was not released to the public Wednesday.

The clerk said Morrison's order had not yet been “finalized,” and that it would likely be released this morning.

Morrison heard arguments Monday from Foster's Daily Democrat and the New Hampshire Union Leader, both of whom are asking the judge to unseal all or part of the documents in the murder case.

The Portsmouth Herald has also petitioned the court for access to those records, which include the arrest and search warrants obtained during the investigation and any supporting police affidavits.

“In no way do we want to hurt the case,” Foster's Executive Editor Rodney Doherty said during the hearing, “but we also feel as if it's time for more information to be released to the general public.”

Both Assistant Attorney General James Vara, the prosecutor assigned to the case, and public defender Joachim Barth, who is representing Mazzaglia, objected to the media requests.

Vara argued the grand jury process could be tainted by the release of new details about the investigation.

The release of sealed court documents could also hamper Mazzaglia's ability to defend himself during the grand jury indictment, according to Barth.

Morrison took their arguments under advisement, and scheduled a private meeting with the defense attorney and prosecutor to hear specific information about how the release of the sealed documents would impact the criminal investigation.

Vara confirmed this week that he met privately with Judge Morrison at the close of Monday's hearing. He declined to discuss the nature of their conversation.

Barth could not be reached for comment Wednesday.

Marriott, a 19-year-old University of New Hampshire student, was last seen on Tuesday, Oct. 9, and is presumed dead. Prosecutors allege Marriott was either strangled or suffocated inside an apartment on Mill Street by a 29-year-old Dover man the night she went missing.

The suspect, Seth Mazzaglia, has been charged with second-degree murder in connection with Marriott's death. Prosecutors have said Mazzaglia, an aspiring actor and martial arts instructor, resided in the unit at the Sawyer Mill Apartments where Marriott died.

Few other details have been released, and documents that could offer new insight into the case remain under seal at Dover Circuit Court.

The search for Marriott's body resumed in the waters off Portsmouth's Peirce Island this week following a powerful storm, according to The Portsmouth Herald. A Marine Patrol boat was back in the waters searching for the body on Wednesday.

Volunteers also have helped in recent weeks. Last Sunday, members of the N.H. League of Investigators and the Mission for the Missing brought in cadaver dogs to help with the search.

“The case is still ongoing, and the investigation is continuing daily,” Vara said.